Section 475 of the Code of Criminal Procedure empowers the Central Government to make rules as regards cases in which persons subject to military, naval or air force law are to be tried by a Court to which the Code applies or by a Court-martial.
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Such rules must, however, be consistent with the Code and with the Army Act, 1950, the Navy Act, 1957, the Air Force Act, 1959, and any other law relating to the Armed Forces of the Union.
ADVERTISEMENTS:
Whenever any person is brought before a Magistrate and charged with an offence for which he is liable to be tried, either by a Court to which the Code applies or by a Court-martial, the Magistrate must have due regard to such rules, and in proper cases, deliver such a person (along with a statement of offence of which he is accused) to the Commanding Officer of the unit to which he belongs or to the Commanding Officer of the nearest military, naval or air force station, as the case may be, for the purpose of being tried by a Court-martial.
Upon receiving a written application for that purpose by the Commanding Officer, a Magistrate must use his utmost endeavours to apprehend and secure any person accused of any such offence (referred to above).
It is also provided that a High Court may, if it thinks fit, direct that a prisoner, who is detained in any jail within the State, be brought before a Court-martial for trial or for being examined as regards any matter pending before the Court-martial.